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Patna High CourtCR. MISC./51134/2022bail granted

Deepak Kumar @ Dipak Kumar @ Deepak Sahni v. The State Of Bihar

2022-09-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51134 of 2022 Arising Out of PS. Case No.-413 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== DEEPAK KUMAR @ DIPAK KUMAR @ DEEPAK SAHNI Son of Mushafir Sahni @ Mosafir Sahni @ Sonelal @ Nanhki Sahni @ Sonelal Sahni R/V- Vijay Chhapra, PS- Ahiyapur, dist- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2022 Heard the parties.

Petitioner is an accused in connection with Ahiyapur PS Case No. 413/2020 registered for the offences punishable under Sections 20/22 of the NDPS Act. He has renewed his prayer for bail inasmuch as earlier bail application of the petitioner was dismissed vide order dated 22.02.2022 passed in Cr. Misc. No. 33809/2021 with an observation that the petitioner may renew his prayer for bail after six months. 500 Grams of Ganja has been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the Ganja recovered from the possession of petitioner is less than small quantity and the petitioner is in custody since 09.05.2020. He further submits that this is the second attempt for bail on behalf of the petitioner and similarly situated co-accused persons, namely, Saurav Kumar and Bablu @ Kallu who were also arrested with the petitioner along with 500 Grams of Ganja

Patna High Court CR. MISC. No.51134 of 2022(2) dt.28-09-2022 2/2 each, have been granted bail by the Co-ordinate Benches of this Court vide Cr. Misc. No. 35742/2020 and 8340/2021 respectively.

Regards being had to the submissions made by the parties, taking into consideration period of custody and the fact that this is the second attempt for bail on behalf of the petitioner and similarly situated accused persons have been granted bail by the Co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, NDPS, Muzaffarpur in connection with NDPS Case No.30/2020 arising out of Ahiyapur PS Case No. 413/2020, subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. (Anil Kumar Sinha, J) perwez U T